State v. Jones

Phipps, Judge.

In State v. Jones, 1 we affirmed the trial court’s grant of a special demurrer to certain counts of an accusation preferred against Paul Jones. The Supreme Court of Georgia has granted certiorari, vacated our judgment, and remanded for consideration in light of Davis v. State. 2

This is an appeal by the State from the grant of Jones’s special demurrer to Counts 5 and 6 of a multi-count accusation. Counts 5 and 6 charged Jones with fleeing or attempting to elude a police vehicle in violation of OCGA § 40-6-395 (a). In pertinent part, OCGA § 40-6-395 (a) provides:

It shall be…